Arrested In Nepal: Know What Police Can And Cannot Legally Do

An arrest can be frightening. You may not know why you are being taken away, how long police can hold you, or whether you are allowed to call a lawyer.

But one thing is clear: being arrested does not mean losing your rights, nor does it mean you are guilty.

Nepal’s arrest process is mainly governed by the National Criminal Procedure (Code) Act, 2074, while the Constitution of Nepal, 2072 protects the basic rights of every arrested person.

Can Police Arrest Anyone Whenever They Want?

No. Police need a lawful reason.

Under Sections 6 and 9 of the National Criminal Procedure (Code) Act, 2074, police may immediately arrest someone caught committing an offense. In most other situations, investigators must obtain approval from an adjudicating authority.

An urgent arrest may be made when police reasonably believe the suspect could escape or destroy evidence. Even then, the arrest must later be presented for legal approval.

Police must also explain why the arrest is necessary and ask the person to surrender. If the person resists or tries to escape, officers may use only the force reasonably needed to make the arrest.

Legal basis: National Criminal Procedure (Code) Act, 2074, Sections 6 and 9.

Police Must Tell You Why You Are Being Arrested

Police cannot simply take someone away without explanation.

Under Article 20(1) of the Constitution of Nepal, 2072, an arrested person must be informed of the reason for the arrest. Section 9(9) of the Criminal Procedure Code also requires officers to explain why the arrest is necessary.

They do not need to prove the entire case at the scene, but they must clearly tell you why your freedom is being restricted.

You Have The Right To A Lawyer

You do not have to face the police or the criminal justice system alone.

Under Article 20(2) of the Constitution, an arrested person has the right to consult and be defended by a lawyer from the time of arrest. Conversations with that lawyer must remain confidential.

Section 13(6) of the Criminal Procedure Code also requires investigators to allow the consultation.

A lawyer can explain the accusation, advise you before questioning, challenge unlawful detention, and represent you in court.

Police Must Inform Someone You Choose

A person should not simply disappear into custody without anyone knowing.

Under Section 13(5) of the Criminal Procedure Code, police must inform a person chosen by the detainee after preparing the official detention record.

That person may be a family member, friend, lawyer, or another trusted person.

You Can Ask for a Medical Examination

If you were injured, beaten, or mistreated, you can request an official medical examination.

Under Section 14(5), an arrested person may ask for an examination when brought before the adjudicating authority. Section 22 also allows the detainee or someone acting on their behalf to ask the court for a medical examination when there are signs of injury or torture.

If the examination confirms mistreatment, the court may order treatment, interim relief, and action against the person responsible.

The 24-Hour Rule

Police cannot keep you hidden in custody for days without judicial oversight.

Under Article 20(3) of the Constitution and Sections 14(1) and 14(2) of the Criminal Procedure Code, an arrested person must be brought before an adjudicating authority within 24 hours, excluding reasonable travel time.

This does not mean automatic release after 24 hours. It means police must go before the court and explain why continued detention is necessary.

What Happens at the First Court Appearance?

The first hearing is not the trial. The judge is not deciding whether the person is guilty.

The court is deciding whether police have a valid reason to keep the person in custody while the investigation continues.

Under Sections 14(3) and 14(4), police must apply through the Government Attorney’s Office and explain the alleged offense, the supporting facts, and why more time is needed.

Police cannot extend detention simply because the investigation is unfinished.

What Is Police Remand?

Police remand is temporary, court-approved custody used during an investigation.

It is not punishment, and it does not mean the accused has been found guilty.

The court must approve continued detention, and the accused remains presumed innocent under Article 20(5) of the Constitution until proven guilty.

Can Police Beat or Torture You?

No.

Article 22 of the Constitution prohibits physical and mental torture, as well as cruel, inhuman, or degrading treatment. A victim may also seek compensation according to the law.

Under Section 9(2)(a) of the Evidence Act, 2031, statements made through threats, torture, pressure, or improper promises may be challenged because they were not given voluntarily.

An arrest gives police authority to investigate, not permission to abuse someone.

Can You Get Bail?

Possibly. Bail depends on the alleged offense, available evidence, and the person’s circumstances.

Under Sections 67 to 69 of the Criminal Procedure Code, serious cases may require detention, while other accused persons may be released on bail, guarantee, or a promise to appear in court.

Under Section 72, the court may consider the seriousness of the offense, possible punishment, age, health, finances, and previous convictions.

Bail does not end the case. It only decides whether the accused must remain in custody while the case continues.

Can Police Take Your Phone?

Police may seize a phone if they reasonably believe it contains evidence connected to an offense. They must follow lawful search-and-seizure procedures and record the property taken.

However, Article 28 of the Constitution protects the privacy of personal documents, information, and correspondence, except where the law permits interference.

Taking a phone does not necessarily give police unlimited access to every message, photograph, or online account. Nepal’s law is still developing on issues such as forced PIN disclosure, biometric unlocking, and cloud access.

What If the Arrest Is Illegal?

An arrest is not automatically lawful just because the police carried it out.

If a person is detained without legal grounds, held beyond the lawful period without approval, or denied judicial review, the detention can be challenged through habeas corpus.

Under Article 133(2) and 133(3), the Supreme Court may issue this writ. Under Article 144(1) and 144(2), a High Court may do the same.

The court can order authorities to bring the detained person before it and explain why they are being held. If there is no lawful reason, the court may order their release.

Rights You Still Keep After Arrest

Even in custody, you still have the right to:

• know why you were arrested;

• speak with a lawyer;

• be brought before a judicial authority within 24 hours;

• remain free from torture;

• request a medical examination when necessary;

• receive a fair trial; and

• be presumed innocent until proven guilty.

Custody limits your freedom. It does not erase your dignity or place you outside the law.

Common Myths About Arrest

“Police can keep you for as long as they want.”

False. You must be brought before an adjudicating authority within 24 hours, excluding reasonable travel time.

“Being arrested means you are guilty.”

False. Every accused person is presumed innocent until proven guilty.

“You cannot speak to a lawyer until the trial.”

False. The right to a lawyer begins from the time of arrest.

“Police can beat someone to obtain a confession.”

False. Torture is prohibited, and forced statements may be challenged.

“Police remand is punishment.”

False. Remand is temporary custody approved for investigation. It is not a conviction.

Conclusion

An arrest is the beginning of a legal process, not proof of guilt.

Police may arrest and investigate, but they must explain the reason, respect access to a lawyer, follow the 24-hour rule, and obtain legal approval for continued detention. An arrested person also remains protected from torture, forced confessions, and unlawful custody.

Knowing these rights can make the difference between staying silent during abuse and recognizing when the law is not being followed.

Source 

Constitution of Nepal, 2072 (2015)

National Criminal Procedure (Code) Act, 2074 (2017)

Evidence Act, 2031 (1974)